RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060007037


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Reentry Eligibility (RE) Code.

2.  The applicant states, in effect, that he served 6 years in the U.S.
Army, was awarded an Army Commendation Medal for meritorious service, and
honorably separated from active duty upon expiration of his term of service
(ETS).  The applicant also states, in effect, when he recently attempted to
renter the
U.S. Army, he was informed that he has an RE Code of RE-3 on his discharge
document.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 May 2001, the date of his separation from active duty.  The application
submitted in this case is dated 22 April 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve (USAR) on 8 April 1995 and entered active duty in the
Regular Army (RA) on 4 May 1995 for a period of 6 years.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded military occupational specialty (MOS) 68Y (AH-64D
Armament/Electrical/Avionic Systems Repairer).  On 1 April 1997, he was
promoted to the rank of specialist/ pay grade E-4.

4.  The applicant's military service records contain a DD Form 214
(Certificate of Release or Discharge from Active Duty), with an effective
date of 3 May 2001. This document shows that at the time of his separation
the applicant had completed 6 years total active service.  This document
also shows, in pertinent part, that the separation authority was Army
Regulation 635-200 (Active Duty Enlisted Administrative Separations),
Chapter 4, and the reason for his separation was completion of required
active service.  Based on the authority and reason for his separation, the
applicant was assigned a Separation Program Designator (SPD) Code of LBK
and an RE Code of RE-3.

5.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It identifies
the SPD Code of LBK as the appropriate code to assign RA enlisted Soldiers
who are separated under the provisions of Army Regulation 635-200, Chapter
4, based upon completion of required active service.  The SPD/RE Code Cross
Reference Table establishes RE-3 as the proper RE Code to assign Soldiers
separated with an SPD Code of LBK.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) provides, in pertinent part, that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  RE-3 applies to persons who
are not considered fully qualified for reentry or continuous service at the
time of separation, but the disqualification is waivable.

7.  Army Regulation 601-210 further provides, in pertinent part, that RE
codes are used for administrative purposes only, and that applicants should
be advised that RE codes are not to be considered derogatory in nature,
they simply are codes used for identification of an enlistment processing
procedure.  This document also provides procedures for the verification of
an applicant's prior service.  (Applicants who are former members of the
U.S. Armed Forces are categorized as prior service personnel.  The
applicant's military records show that he qualifies as prior service.)  It
states, in pertinent part, that, "Applicants who are thought to have had,
or who claim to have had, prior service in any
U.S. Armed Force will not be enlisted in the RA or USAR until their prior
service, if any, is verified".

8.  The governing Army regulation further provides that, prior service Army
personnel will be advised that RE codes may be changed only if they are
determined to be administratively incorrect.  Applicants who have correct
RE codes will be processed for a waiver at their request, if otherwise
qualified and waiver is authorized.  No requirement exists to change an RE
code to qualify for enlistment.  Only when there is evidence to support an
incorrect RE code or when there is an administrative error will an
applicant be advised to request a correction.  This document also provides,
"Request for a waiver action will automatically trigger an RE code review.
Otherwise, when it appears that the
RE code is incorrect, an applicant may request correction by sending a
written explanation, DD Form 214, and evidence to support the claim to
Commander, U.S. Army Human Resources Command, Enlisted Personnel Management
Division, 2461 Eisenhower Avenue, Alexandria, Virginia  22331-0451."

9.  There is no evidence in the applicant's military service records that
shows he applied for a waiver of his RE Code to reenter the U.S. Army
and/or that his request was denied.

10.  There is no evidence in the applicant's military service records that
shows he submitted a request for correction of his RE Code to the
Commander, U.S. Army Human Resources Command.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for change to the RE-3 code he received in
conjunction with his separation from the RA was carefully considered.

2.  The evidence of record confirms the applicant’s RA separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.  As a
result, his separation was proper and equitable, and the RE-3 code he
received was appropriately assigned based on the authority and reason for
his separation.  As a result, the RE-3 code assigned was and remains valid.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 May 2001; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 May 2004.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

5.  The applicant is advised that, although no change is being recommended
to his RE Code, this does not mean that he is disqualified from reentry
into the U.S. Army as the RE-3 code he was assigned is waivable.  If the
applicant still desires to enlist in the U.S. Army, he should contact a
local Army recruiter to determine his eligibility and/or request assistance
in processing a waiver through appropriate administrative channels to enter
the U.S. Army.  Those individuals can best advise a prior service member as
to the needs of the U.S. Army and are required to process waivers of RE
codes.

6.  The applicant is further advised that, if he has evidence to support
that an administrative error was made or incorrect RE code was assigned, he
may request a correction by sending a written explanation, his DD Form 214,
and evidence to support the claim to the Commander, U.S. Army Human
Resources Command, Enlisted Personnel Management Division, 2461 Eisenhower
Avenue, Alexandria, Virginia  22331-0451.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RDT__  ___DED_  __LWR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                            Richard T. Dunbar___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060007037                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20010503                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0300.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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